Mahant Shri Mereramdasji Guru ... vs Special Secretary (Appeals) on 15 January, 2020

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Gujarat High Court

Mahant Shri Mereramdasji Guru ... vs Special Secretary (Appeals) on 15 January, 2020

Bench: A.S. Supehia

         C/SCA/8786/2016                                   ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
              R/SPECIAL CIVIL APPLICATION NO. 8786 of 2016
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          MAHANT SHRI MERERAMDASJI GURU CHANDRAMASJI
                                  Versus
                SPECIAL SECRETARY (APPEALS) & 1 other(s)
==========================================================
Appearance:
MR VIMAL A PUROHIT(5049) for the Petitioner(s) No. 1
MR ROHAN N SHAH, AGP (99) for the Respondent(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 1,2
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  CORAM: HONOURABLE MR.JUSTICE A.S. SUPEHIA

                            Date : 15/01/2020
                             ORAL ORDER

1. Even after passage of three years, the State authorities have chosen not to file any reply.

2. Learned advocate Mr.Shrenik R. Jasani on behalf of the learned advocate Mr.Purohit appearing for the petitioner has submitted that the impugned orders are erroneous and the same could not have been challenged by the same officer exercising the powers under Section 211 of the Bombay Land Revenue Code, hence, it is without jurisdiction. He has further submitted that the authorities below have failed to appreciate the aspect that City supervisor at the relevant point of time had relied on measurement taken on site by the maintenance Supervisor and after due verification, entries were certified. It is submitted that the suo motu proceedings are initiated by the authorities below after a period of seven years.

3. It appears that while exercising the powers under Section 211 of the Code, the District Collector, Bhavnagar ordered revision of entry Nos.3462 dated 08.01.1994 and 3568 dated 07.04.1995 and the order dated 14.05.1996 passed by the District Collector at the relevant time after a period of seven years.

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4. Hence, the matter requires consideration and hence, Rule. The parties shall maintain status-quo till the final disposal of the petition. The parties shall complete the pleadings within a period of three months, if they so desire.

(A. S. SUPEHIA, J) GUPTA* Page 2 of 2 Downloaded on : Thu Jan 16 20:54:57 IST 2020

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